DEVELOPING AND REVIEWING RECLAMATION PLANS

I am considering opening or reopening a new nonmetallic mine. How do I get started in terms of complying with the reclamation requirements?

The first, and most important, thing you need to do is determine what you envision as a final, post-mining land use for your site. We suggest following these simple steps:

1. Contact the Regulatory Authority (RA) Visit the office of your county or local RA to pick up an application for a reclamation permit and any specific guidance or other instructions before starting out.
2. Talk to local officials Many local governments already have visions for future land use. Talk to the representatives in your area.
3. Survey the site and the surrounding area Surrounding land uses will give you clues to the future use of a proposed or existing nonmetallic mine site.
4. Create a vision Plans for extraction require a plan for reclamation. Decide on the proposed final land use and then, considering the specific attributes of the site, the nature of the proposed operation and the reclamation performance standards, develop a proposed reclamation plan. What do you see down the road 5, 10, 25 or 55 years?
5. Submit the Reclamation Plan Submit the reclamation plan to the RA according to any applicable guidance that has been provided and any submittal deadlines agreed upon in the above discussions. For new or reopened sites plan on submitting the reclamation plan at least 90 days before the date on which you would like to begin mining.

What is a reclamation plan?

The reclamation plan and any associated map(s) describes and/or delineates all acreage that will be subject to reclamation following the completion of extraction and mining activities. It provides the post-mining land use within the mine plan area and the methods of reclamation necessary to achieve the target post mining land use. A reclamation plan needs to be "complete" in the sense that it addresses the plan requirements laid out in Chapter NR 135.

A proposed post-mining land use. The proposed post-mining land use will be key in determining the reclamation plan. Final slopes, drainage patterns, site hydrology, seed mixes and the degree of removal of mining-related structures, drainage structures and sediment control structures will be dictated by the approved post-mining land use.

An approved reclamation plan should be a flexible document. The best approach is to maximize flexibility by anticipating all areas likely to be mined as well as any minor changes to the operation and to write these into the reclamation plan. This may be preferable to developing a plan modification at a later date which could result in unnecessary delays associated with plan review and perhaps a public hearing.

What is the connection between post mining land use and the reclamation plan?

A proposed post mining land use is the key needed to determine the type and degree of reclamation needed to correspond with that proposed land use. The specific reclamation activities delineated in a reclamation plan are substantially dictated by the proposed final use in that the reclamation plan will describe how the disturbed area will be reclaimed and managed to achieve the designated use. The purpose of the reclamation plan is to achieve acceptable final site reclamation to a desired land use in compliance with the uniform reclamation standards. By working with local officials and through good communications with all affected parties a mutually satisfactory result may be obtained.

A complex reclamation plan might call for a post mining land use combining a park with native prairie (passive recreation, education) with a golf course community on a lake interfacing with a park and wetlands. All these land uses could be connected by a trail system. On the other hand, a simple plan could be a lake or pond with some basic agricultural pasture grasses on the shore or could end up being similar to the reclamation typical of a DOT highway right-of-way project.

What hidden land use opportunities may exist?

Look for opportunities to connect with the "Smart Growth" planning process. Long-term considerations such as how the reclaimed property fits into the broader picture could yield connections to planned or existing trails, recreational areas, wildlife management areas, or perhaps wildlife migration corridors. This is especially true if rivers, floodplains or wetland complexes are in or adjacent to the mining site. Check into possible incentives that may be available to assist in furthering such opportunities such as tax breaks that might come with a conservation easement or perhaps a grant. In any case, participation with the broader community will promote good will and a more positive public image.

When is a modification to an existing reclamation plan necessary and what does this imply?

The reclamation permit is a life-of-mine permit, and a substantial modification would cause it to be reopened and may necessitate a public hearing. Modifications to the reclamation plan and permit are required when a substantial change in the mine reclamation plan is necessary. Such changes may include a new acquisition of mineable resources, an increase or decrease in area to be mined (and reclaimed), modification of mining method, rate of extraction or the time or method of reclamation, or if a new/additional post-mining land use is being proposed for approval.

What is the relationship between the total acreage in an approved reclamation plan and the acreage subject to an annual fee?

A reclamation plan delineates all acreage that will be subject to extraction and mining activities. Fees are assessed on only those areas in the reclamation plan that have been, or are being, affected by mining activities and are not reclaimed.